What Is Aggravated Unlawful Possession of a Weapon in Illinois?

 Posted on February 28, 2026 in Criminal Defense

Aggravated unlawful possession of a weapon (AUPW) is a felony weapons charge in Illinois. It usually involves carrying or possessing a firearm illegally. This includes violating state rules like not having the required firearm identification or carrying a gun in a prohibited manner.

If you are facing gun crime charges in 2026, our Cook County, IL gun crimes defense lawyer can explain what you are charged with, what the state must prove, and how to fight the case.

How Does Illinois Law Define Aggravated Unlawful Possession of a Weapon?

Under 720 ILCS 5/24-1.6, AUPW applies to situations where someone knowingly carries or possesses a firearm under conditions Illinois treats as especially risky or unlawful. In plain terms, the charge often comes down to how the gun was carried, whether it was accessible, and whether the person had the required legal authorization.

AUPW is different from cases where someone uses a gun to threaten or hurt someone. You can face AUPW even if the gun was never fired and no one was injured.

What Conduct Commonly Leads to an AUPW Charge in Illinois?

AUPW charges often come from traffic stops, street stops, or calls where police say they found a firearm during an encounter. The State will focus on whether the situation fits the AUPW statute and whether you had the required documents.

Common situations that may lead to AUPW allegations include:

• Carrying a firearm without a valid FOID card, which Illinois generally requires to possess or acquire firearms under 430 ILCS 65/2
• Carrying a loaded, immediately accessible firearm in public without lawful authority
• Having a firearm in a vehicle, in a way the state argues was accessible and not legally transported under the circumstances
• Possessing a firearm in a manner tied to other alleged violations, which can cause prosecutors to file more serious counts

Whether the charge fits your situation depends on details like where the firearm was, whether it was loaded, who owned it, and what the police did to find it.

Is Aggravated Unlawful Possession of a Weapon a Felony in Illinois?

In many cases, AUPW is often charged as a felony, and a felony case can carry serious consequences. Beyond any sentence, a felony record can affect jobs, housing, and gun rights. It can also affect future criminal cases, since prior convictions can increase penalties later.

The specific charge level and exposure depend on the exact subsection prosecutors file, your record, and the facts police claim. That is why it matters to read the charging documents carefully and not assume all AUPW cases are the same.

What Does the State Have To Prove in an AUPW Case?

To convict you, the prosecution must prove the required elements beyond a reasonable doubt. That usually includes proving you knowingly possessed the firearm and that the situation meets the specific charges. In real life, cases often turn on details like ownership, access, and whether police can tie the firearm to you.

How Can a Defense Lawyer Fight an AUPW Charge?

A strong defense often starts by testing the police encounter and the evidence. Many AUPW cases involve search and seizure issues, and those issues can be case-changing.

Common defense angles may include:

• Challenging the stop, search, or seizure if police lacked legal grounds
• Disputing possession by showing the firearm was not yours or not under your control
• Attacking the State’s proof on key elements, such as whether the firearm was actually accessible or whether the charged subsection applies

The right strategy depends on the reports, video, and what the State can prove in court.

Schedule a Free Consultation With Our Chicago, IL Illegal Gun Crimes Defense Attorney

At the Law Offices of James F. DiQuattro, our team is accomplished, aggressive, and dedicated. We go the extra mile to examine every detail, challenge weak evidence, and fight for clients when their freedom and record are on the line.

Call 312-627-9482 to schedule a free consultation with our Cook County, IL weapons crimes defense lawyer and learn what defenses may apply in your case.